Estate’s administratrix is removed for failing to act for 13 years

Superior Court Associate Judge Joseph N. Camacho removed Tuesday the administratrix of the estate of her deceased father for not taking action for 13 years to distribute the estate’s assets and close the probate.

Camacho found that Arcelia Kileleman Cody’s decision to not distribute the estate’s assets “unless the heirs pay in order to inherit” conflicts with her fiduciary duty as administratrix of the estate of Guillermo R. Kileleman.

The judge appointed instead Cody’s sister, Adorasion Kileleman Hix, as the estate’s acting administratrix.

Although there was no testimony presented that Hix is competent to perform the duties as administratrix, Camacho said the court is concerned that, without at least an interim administratrix, the probate action will be further delayed.

The estate’s heirs were given 90 days from Tuesday to oppose Hix’s appointment.

“If no opposition is filed, this interim appointment shall be[come] permanent without further action by the court,” Camacho said.

Camacho found that Cody—as estate administratrix—has failed to satisfy the standards set by the NMI Rules of Probate Procedure and her fiduciary duties toward the estate.

He said Cody had a duty to file an inventory of the estate within 60 days of her appointment as estate administratrix. However, 13 years has passed without Cody filing any inventory.

Therefore, the judge said, Cody is not the best person to administer the estate of Kileleman. He said Cody violated her duty to act with care and diligence toward the estate by failing to file for distribution any estate assets within the 13 years she has been its administratrix.

Camacho said even if some or all of Cody’s expenses are determined to be reasonable, she could only be entitled from the estate, not from the individual heirs.

He pointed out that Cody’s insistence that the heirs “pay their fair share” prior to receiving estate assets violates her duty of loyalty toward the estate.

According to court records, Kileleman died on Sept. 1, 1992. In 2004, Cody petitioned the court to administer the estate and she was appointed in 2006. Since then, she has not filed an inventory of the estate and has not moved for partial distribution.

In February 2019, Cody’s sister and Kileleman’s daughter, Hix, asked the court to substitute her as the estate’s administratrix, citing Cody’s neglect.

Last June 6, the court held an evidentiary hearing on the petition.

Benjamin K. Petersburg represented Hix, while Joaquin DLG Torres represented Cody.

At the hearing, Cody admitted that she has not filed anything with the court since she was appointed as administratrix in 2006.

The estate’s assets consist of real property and a disputed interest in a land. The estate has no cash assets. No creditor has made a claim against the estate.

Cody testified that she spent $25,000 of her personal money on funeral expenses, the construction of an access road on the estate’s real property, the surveying of the land, and other expenses involving the estate.

Cody testified that she has not asked the court to distribute the estate property to the heirs because she expects the heirs of Kileleman to “pay their fair share” of her expenses before they can receive their share of the property.

Cody testified that she does not want reimbursement from the estate, but that it should come from the children of Kileleman.